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A Comprehensive Guide to Key Changes and Impacts Under the Homeowners’ Association Bill of Rights

January 30, 2024 Community Association Industry Legal Blog

On October 1, 2023, House Bill 919, also known as the “Homeowners’ Association Bill of Rights” took effect. This comprehensive bill provides several crucial changes related to the removal of homeowners’ association (“HOA”) officers and directors, fines and suspensions for violations of the declarations, bylaws, or rules of the HOA, […]

Can a Community Association Restrict Solar Panel Installation?

October 31, 2023 Community Association Industry Legal Blog, Energy & Utilities Industry Legal Blog

Solar power is gaining traction as a common source of meeting Floridians’ electricity needs. In most cases, homeowners capture solar energy through the installation of roof mounted solar panels. Though readily accessible to most, solar panels are often unsightly and are a topic of concern and debate in community associations. […]

Recent Florida Case Makes Clear That Settlement Agreements Reached in Connection with Mediation Must be Signed by All Parties to be Enforceable

April 6, 2023 Community Association Industry Legal Blog

Learn about mandatory mediation for certain disputes in Florida before filing a lawsuit, and the special requirement for written settlements reached in mediation. The recent Parkland Condominium Association Case sets an example of the importance of parties, attorneys, and mediators ensuring all parties sign a settlement agreement for it to be enforceable. Discover the details of this case and the general rule of law in Florida that favors enforcing settlements whenever possible.

How Long Does a Florida HOA or Condominium Association have to foreclose on a HOA/COA Lien?

January 20, 2023 Community Association Industry Legal Blog

Florida law provides that community associations may collect assessments from unit owners to cover operating and maintenance costs. If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. However, to perfect the assessment as a […]

What Does the Building Safety Act for Condominium and Cooperative Associations Mean for My Association?

June 11, 2022 Community Association Industry Legal Blog

On May 26, 2022, Florida Governor Ron DeSantis signed the Building Safety Act for Condominium and Cooperative Associations (“Building Safety Act”) into law. The Building Safety Act brings sweeping changes to Florida’s condominium and cooperative association laws, particularly regarding building inspections and reserves. This article will provide an overview of […]

Condominium Board Members: The Business Judgment Rule and Its Protections

April 11, 2022 Community Association Industry Legal Blog

In many condominium associations, unit owners sometimes question decisions made by the association’s board members.  In Florida, those association board member decisions are governed by what is known as the business judgment rule.  That rule affords broad protection to board decisions. One Florida court recently addressed the scope of the […]

What to Do When Your Community’s MRTA Revitalization is Denied

March 17, 2022 Community Association Industry Legal Blog

What happens when a proposed revitalization of covenants, restrictions, and other governing documents under the Marketable Record Title Act (MRTA) is denied by the Department of Economic Opportunity (DEO)? While MRTA revitalization may appear to be a relatively straightforward process, as outlined within Chapter 712 Fla. Statutes, approval of the […]

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